Sec. 502. Savings provisions for adult programs

1,931 words·~9 min read·/bill/114/s/3151/is/section-502

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as otherwise expressly provided, a reference in this section to a provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), sections 6(d)(4)(I) and 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4)(I) , 2025(h)), the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ), section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(6) ), section 505 of the Family Support Act of 1988 ( 42 U.S.C. 9926 ), section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ), or title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) shall be considered to be a reference to such provision as in effect on the day before the effective date of this section.

For purposes of this section, unless otherwise provided or indicated by the context— the term Federal agency has the meaning given to the term agency by section 551(1) of title 5, United States Code; the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; the term new authority means the authority provided under subtitle A of title III of this Act; and the term repealed authority means the authority provided under the provisions repealed by subsections (a)(1) and (b)(1) of section 501, and section 6(d)(4)(I) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4)(I) ).

Notwithstanding the new authority, the agreements for the grants, contracts, and allotments listed in paragraph

(2)that are in effect on the day before the effective date of this section, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified or terminated in accordance with law by the President, the Secretary of Labor or other authorized official, a court of competent jurisdiction, or by operation of law. The grants, contracts, and allotments described in paragraph

(1)are all grants, contracts (including cooperative agreements, joint agreements, and reimbursable agreements and purchase of service contracts or vouchers), and allotments (including allocations) under— the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), other than sections 123, 126, 127, 128, 129, 166, 169, and 173A of such Act ( 29 U.S.C. 2843 , 2851, 2852, 2853, 2854, 2911, 2914, and 2918a); the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); sections 6(d)(4)(I) and 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4)(I) , 2025(h)); the Women in Apprenticeship and Nontraditional Occupations Act ( 29 U.S.C. 2501 et seq. ); section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(6) ), including any agreements for the funding described in that section; section 505 of the Family Support Act of 1988 ( 42 U.S.C. 9926 ), including agreements with nonprofit organizations (including community development corporations) described in subsection

(a)of such section; section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ); and title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), including the agreements under section 502(e) of such Act ( 42 U.S.C. 3056(e) ). The Director of the Office of Management and Budget shall make such dispositions of the personnel, funds, contracts, agreements, and other resources related to the grants, contracts, and allotments listed in paragraph

(2)as may be necessary to continue the agreements for the grants, contracts, and allotments for the duration described in paragraph (1). With respect to the repayment of funds received to carry out the repealed authority, all orders and determinations— which have been issued, made, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions carried out under such repealed authority; and which are in effect on the day before the effective date of this section, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Labor or other authorized official, a court of competent jurisdiction, or by operation of law. The provisions of this section shall not affect any proceedings or applications, in connection with adjudications regarding the repayment of funds received to carry out the repealed authority, that are pending before the Department of Labor, the Department of Education, the Department of Agriculture, the Department of Health and Human Services, or the Environmental Protection Agency, as the case may be, on the effective date of this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, set aside, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. The provisions of this section shall not affect suits, regarding the repayment of funds received to carry out the repealed authority, that have commenced before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. No suit, action, or other proceeding, regarding the repayment of funds received to carry out the repealed authority, that is commenced by or against the Department of Labor, the Department of Education, the Department of Agriculture, the Department of Health and Human Services, or the Environmental Protection Agency, as the case may be, or by or against any individual in the official capacity of such individual as an officer of any of such Departments or Agency, shall abate by reason of the enactment of this section. Except as otherwise provided in this section, any records in connection with functions to carry out the repealed authority shall be transferred to the Department of Labor. Subject to subsections

(c)and

(g)and notwithstanding section 1531 of title 31, United States Code, the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the Treasury. If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. For such period of time as may reasonably be necessary to facilitate the orderly implementation of this section, the Secretary of Labor is authorized to utilize— the services of such officers, employees, and other personnel of the Department of Labor, the Department of Education, the Department of Agriculture, the Department of Health and Human Services, or the Environmental Protection Agency, as the case may be, with respect to the new authority; and funds appropriated to carry out the repealed authority. Except with respect to the grants, contracts, and allotments described in subsection

(c)and the repayment of funds described in subsection (d), a reference in any other Federal law to the Secretary of Labor, the Secretary of Education, the Secretary of Agriculture, the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Department of Labor, the Department of Education, the Department of Agriculture, the Department of Health and Human Services, or the Environmental Protection Agency, with regard to the repealed authority, shall be deemed to have no effect. After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Secretary of Labor shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. Not later than 6 months after the effective date of this section, the Secretary of Labor shall submit the recommended legislation referred to in paragraph (1). The Food and Nutrition Act of 2008 is amended— in section 5 ( 7 U.S.C. 2014 )— in subsection (d)(14), by striking household under and all that follows through the semicolon at the end and inserting household under section 317 of the ; CAREER Act ; in subsection (e)(3)(B)— in clause (i), by adding ; and after the semicolon at the end; in clause (ii), by striking ; and at the end and inserting a period; and by striking clause (iii); in subsection (g)(3), in the first sentence, by striking or a pilot project under section 16(h)(1)(F) ; and by striking subsection

(l)and inserting the following: Any earnings to an individual participating in on-the-job training under a work program (as defined in section 6(o)) shall be considered to be earned income for purposes of the supplemental nutrition assistance program, except for an individual who is a dependent less than 19 years of age. ; in section 16 ( 7 U.S.C. 2025 ), as amended by section 501(b)(1)(B), by inserting after subsection

(g)the following: Of the amounts made available for each fiscal year under section 18(a)(1), the Secretary shall allocate to States for distribution to State boards under section 313(b) of the CAREER Act $90,000,000 for each fiscal year, to remain available for the 2-year period beginning on the date of allocation. ; in section 17 ( 7 U.S.C. 2026 )— in subsection (b)— in paragraph (1)(B)(iv)(III)— in item (dd), by striking , (4)(F)(i), or (4)(K) and inserting or (4)(D)(i) ; and in item (hh), by striking (g), (h)(1)(F), (h)(2), or (h)(3) and inserting or

(g); and in paragraph (2), in the second sentence, by striking a program carried out under and all that follows through for which employment and inserting a program of worker training services and activities carried out under the ; and CAREER Act , for which employment in subsection (g), in the first sentence, by striking established under and inserting described in ; and in section 22(d)(1)(B)(ii) ( 7 U.S.C. 2031(d)(1)(B)(ii) ), in the matter preceding the proviso, by striking subsections (a), (g), (h)(2), and (h)(3) and inserting subsections

(a)and

(g). The Older Americans Act of 1965 is amended— in section 102(45) ( 42 U.S.C. 3002(45) ), by striking , except that for purposes of title V such term means the Secretary of Labor ; in section 201(a) ( 42 U.S.C. 3011(a) ), by striking Except for title V, the and inserting The ; in section 203(a) ( 42 U.S.C. 3013(a) )— in paragraph (1), in the second sentence, by striking with the Secretary of Labor in carrying out title V and ; and in paragraph (3)(A), by inserting as in effect on the day before the effective date of section 501 of the after CAREER Act (as defined in section 518 ; and in section 212(a) ( 42 U.S.C. 3020c(a) ), by striking (other than title V) .

Connectionstraces to 16

Traces to 16 documents

U.S. Code